WVC 18 B- 1 - 1 A
§18B-1-1a. Legislative intent; findings; establishment of state
goals for higher education and education; creation
of partnership to achieve state goals and
objectives.
(a) It is the intent of the Legislature in enacting this
section to establish state goals for public higher education which
benefit the citizens of the State of West Virginia.

(b) It is further the intent of the Legislature that this
section be read and implemented in conjunction with the
accountability system established in article one-d of this chapter
and that any reference to this section in this code includes the
provisions of that article.

(c) Findings. -- The Legislature finds that post-secondary
education is vital to the future of West Virginia. For the state
to realize its considerable potential in the 21st Century, it must
have a system for the delivery of post-secondary education which is
competitive in the changing national and global environment, is
affordable for the state and its citizenry and has the capacity to
deliver the programs and services necessary to meet regional and
statewide needs.

The Legislature further finds that it is vitally important for
young people entering the workforce to have the education and
skills to succeed in today's high-technology, knowledge-based
economy. It is equally important for working-age adults who are
the majority of the current and potential workforce also to possess the requisite education and skills to compete successfully in the
workplace and to have the opportunity to continue learning
throughout their lives. The future of the state rests not only on
how well its youth are educated, but also on how well it educates
its entire population of any age.

The Legislature further finds that providing access to a
high-quality and affordable post-secondary education is a state
responsibility and, while states spent more than seventy billion
dollars on public higher education in two thousand six, they are
not maximizing that investment. The Legislature recognizes the
efforts of the National Conference of State Legislatures' Blue
Ribbon Commission on Higher Education in producing a report to
assist the states in higher education policymaking. According to
the commission report, "Transforming Higher Education: National
Imperative -- State Responsibility", the United States is losing
its competitive advantage in a new, high-tech, highly mobile global
economy. This lack of competitiveness is a matter of the highest
urgency for federal and state policymakers and higher education is
at the center of this discussion. The report further states that
"higher education is both the problem and the solution" because the
nation has failed to focus on how higher education energizes
American competitiveness and revitalizes the states. Pursuant to
these findings, the commission made some specific recommendations
addressed to the states which include the following:

(1) Define clear state goals;

(2) Identify your state's strengths and weaknesses;

(3) Know your state demographic trends for the next ten to
thirty years;

(4) Identify a place or structure to sustain the public policy
agenda;

(5) Hold institutions accountable for their performance;

(6) Rethink funding formulas and student aid;

(7) Make a commitment to access, success and innovation;

(8) Encourage partnerships;

(9) Give special attention to adult learners; and

(10) Focus on productivity.

All of these recommendations are useful in providing policy
guidance and have been given careful consideration in the
development of this section and article one-d of this chapter.

(d) Establishment of state goals. -- In recognition of its
importance to the citizens of West Virginia, the Legislature hereby
establishes the following goals for public higher education in the
state:

(1) The ultimate goal of public education is to enhance the
quality of life for citizens of the State of West Virginia.

(2) The overall focus of public education is on developing and
maintaining a process of lifelong learning which is as seamless as
possible at all levels, encourages citizens of all ages to increase
their knowledge and skills and provides ample opportunities for
them to participate in public higher education.

(3) Higher education collaborates with public education and
other providers to offer education opportunities:

(A) To individuals of all ages and socioeconomic backgrounds
in all areas of the state; and

(B) To overcome financial barriers to participation for both
traditional and nontraditional students.

(4) Higher education seeks to enhance state efforts to
diversify and expand the economy by focusing available resources on
programs and courses which best serve students, provide the
greatest opportunity for job creation and retention and are most
supportive of emerging high-technology and knowledge-based
businesses and industries.

(5) Higher education creates a learning environment that is
student-friendly and that encourages and assists students in the
completion of degree requirements, certifications or skill sets
within a reasonable period of time.

(6) The learning environment expands participation for the
increasingly diverse student population and responds to the needs
of the current workforce and other nontraditional students.

(7) Through the establishment of innovative curricula and
assessment efforts, state institutions of higher education ensure
that students graduate from nationally recognized and accredited
programs and meet or exceed national and international standards
for performance in their chosen fields as evidenced through
placement and professional licensure examinations.

(9) State institutions of higher education emphasize
productivity and strive to exceed the performance and productivity
levels of peer institutions. In return, and within the constraints
of fiscal responsibility, the state seeks to invest in institutions
so that they may adequately compensate faculty, classified
employees and other employees at a competitive level to attract and
retain high quality personnel.

(10) State institutions of higher education are committed to
a shared responsibility with faculty, staff, students and their
communities to provide access to the knowledge and to promote
acquisition of the skills and abilities necessary to establish and
maintain physical fitness and wellness.

(A) Programs that encourage healthy lifestyles are essential
for the vibrancy of the institutions of higher education, for the
well-being of the communities they serve and for the state as a
whole.

(B) Increasing the fitness levels of adults on college and
university campuses is critically important for the people of West
Virginia, not only for disease prevention, but also, and perhaps
most importantly, to enhance the overall quality of life.

(C) While individuals must bear the primary responsibility for
their own health, it is imperative that the institutions provide appropriate education and support focused on enriching and
expanding the short- and long-term views and attitudes towards
physical activity, understanding the principles of wellness and
their application to a healthy lifestyle, understanding what
components are a necessary part of an all-around healthy lifestyle
and learning how to set and achieve realistic goals aimed at
establishing healthy habits for the benefit of long-term health and
well-being.

(e) Education partnership to achieve state goals and
objectives. -- If public institutions of higher education are to
provide services that meet the needs of state citizens as outlined
in this section and article one-d of this chapter, then West
Virginia must create and participate in a partnership across
various education organizations that recognizes the valuable
contributions each member of the group can make. In addition to
public education as outlined in section four, article one, chapter
eighteen of this code and in addition to the State of West
Virginia, key members of this partnership include the state
institutions of higher education, the Council for Community and
Technical College Education and the Higher Education Policy
Commission.

(1) State institutions of higher education. -- The
institutions are the cornerstone of efforts to provide higher
education services that meet the needs of state citizens. To
varying degrees, and depending upon their missions, these institutions serve the state in three major ways:

(A) Instruction. -- By providing direct instruction to
students along with the student services necessary to support the
instructional mission. These services have two primary goals:

(i) To produce college graduates who have the knowledge,
skills and desire to make valuable contributions to society; and

(ii) To provide opportunities for citizens to engage in
life-long learning to enhance their employability and their overall
quality of life.

(B) Public service. -- By providing an occupational home for
experts in a variety of fields and by serving as the educational
home for students. In these capacities, institutions create a
large and varied pool of high quality human resources capable of
making valuable contributions to business and industry, local and
state governments and communities. The following are examples of
the types of public service that higher education institutions have
to offer:

(i) Workforce development, primarily through community and
technical colleges, to meet the immediate and long-term needs of
employers and employees;

(ii) Technical assistance to state and local policymakers as
they work to address challenges as diverse as ensuring that West
Virginia's citizens receive quality health care, assisting in the
development of a solid transportation infrastructure and ensuring
that public school teachers have enriching professional development opportunities; and

(iii) Opportunities to learn and serve in local communities,
to teach civic responsibility and to encourage civic engagement.

(C) Research. -- By conducting research at state institutions
of higher education, particularly Marshall University and West
Virginia University, to enhance the quality of life in West
Virginia in the following ways:

(ii) Promoting economic development by raising the level of
education and specialization among the population; and

(iii) Creating jobs through development of new products and
services.

(2) The Council for Community and Technical College Education
and the Higher Education Policy Commission. -- In their role as
state-level coordinating boards, the council and commission
function as important partners with state policy leaders in
providing higher education that meets state needs. The council and
commission provide service to the state in the following ways:

(A) By developing a public policy agenda for various aspects
of higher education that is aligned with state goals and objectives
and the role and responsibilities of each coordinating board;

(B) By ensuring that institutional missions and goals are
aligned with relevant parts of the public policy agenda and that
institutions maximize the resources available to them to fulfill their missions and make reasonable progress toward meeting
established state goals;

(C) By evaluating and reporting on progress in implementing
the public policy agenda;

(D) By promoting system efficiencies through collaboration and
cooperation across institutions and through focusing institutional
missions as appropriate; and

(E) By conducting research, collecting data and providing
objective recommendations to aid elected state officials in making
policy decisions.

(3) State of West Virginia. -- Elected state officials
represent the citizens of West Virginia and are critical partners
in providing quality higher education. In this context, these
state-level policymakers serve the state in the following ways:

(A) By establishing goals, objectives and priorities for
higher education based on a thoughtful, systematic determination of
state needs;

(B) By providing resources necessary to address state goals,
objectives and priorities for higher education; and

(C) By providing incentives for and removing barriers to the
achievement of state goals, objectives and priorities.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.